Fritz v. Grise

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Argued April 2, 2002

Appellant Fritz, having prevailed against the complaint of his former spouse (appellee Grise) seeking to modify a child custody order, appeals from the refusal of the trial court to award him attorney’s fees. Fritz argues primarily that the trial court’s denial of the motion to modify custody effectively granted a counterclaim Fritz had filed, thus entitling him to attorney’s fees under a provision of the parties’ separation and property settlement agreement. That paragraph called for an award of fees to a party who successfully “brings an action to enforce or implement” the terms of the agreement. Because, on this record, Fritz’s counterclaim obtained no relief beyond the denial of Grise’s complaint to change the custody disposition, we hold that it did not come within the fee-shift provision of the agreement. As Fritz also has shown no abuse of discretion in the court’s refusal to award him fees under the common law or a related statute, we affirm.

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